Page 5 - Chicago Cooperator Spring 2020

CHICAGOCOOPERATOR.COM THE CHICAGOLAND COOPERATOR — SPRING 2020 5 QUESTIONS & ANSWERS Legal Q A& Dealing with a Disruptive Tenant Q I have written several complaint letters to the board and the manag- ing agent regarding a noisy neigh- bor. Th ey did send a letter to the shareholders about a year ago, but the problem persists, and although I continue to write letters, nothing is being done. What is my recourse? Do I fi le against the board for not acting on my behalf? Th ank you in advance for your response to this. It really aff ects quality of life. —Seeking Quiet A “If you are in a co-op, which you do not specify, the answer is controlled by the stockhold- ers proprietary lease for the corporation and the rules and regs,” says Chicago attorney Sima L. Kirsch of the Law Firm of Sima L. Kirsch, P.C. ”Without the ability to review these doc- uments it is diffi cult to say whether the board needs to see the incident through to the end or if the one letter fulfi lls the board’s obligation. Th e answer is not based on a general concept but specifi c provisions in the governing docu- ments. Th e same is true for a condo or HOA: in a multi-dwelling-unit building, such as a for the board to delay this repair, simply for the answer lies in their governing documents. condominium. When living in a condomin- If this neighbor is making noise before or aft er ium association, a certain amount of control that may not benefi t them as much as it ben- the permissible noise hours set by your city/ village/township and if you can’t get board in- volvement, you can call the police.” A Low Board Won’t Fix the Elevator Q My family and I live in a 6-story sible for maintenance, they may not appreci- condominium. We own the top ate how the issue may aff ect you. Nonethe- two fl oors (5 & 6), which amounts less, pursuant to Section 18.4(a) of the Illinois to 22% of the building. Th e elevator has been Condominium Property Act, the board is out of service for two months. Th e board charged with the responsibility of maintaining members seem to be in no hurry to get it fi xed the building and its common elements, which (they live on the 3rd fl oor and 1st fl oor). How in this case would include the elevator, even long must I put up with this reduction in ser- vices? Do I have any recourse? —Needing a Lift A Says Matthew J. Goldberg, for this maintenance, this is a fi duciary duty, in severe inconvenience and thus prevents Esq., attorney member of the highest duty recognized under the law. Richman, Goldberg & Gor- ham, LLC in Chicago, “Condominium own- ership oft en comes with unexpected issues. available to you. Presumably purchasing in a Many people fi nd it diffi cult to separate the building with an elevator was a consideration concept of a single-family home from living when you bought the unit. It is not reasonable is given up in exchange for a lifestyle that one efi ts you. might hope eases the burdens of maintenance by sharing not only the cost, but the responsi- bility for staying on top of tasks. “Unfortunately, that sometimes means if a for your damages and not look to the associa- concern does not aff ect the persons respon- though you may benefi t from it the most. Th is to my top fl oor apartment for eight months. duty is no mere, ordinary duty of reasonable- ness. Because of the board members’ control cost repair/patchwork attempts rather than over the building and the assessments you pay comprehensive resolution. Th is has resulted “You should demand that the board im- mediately repair the elevator and make its use the sake of saving, or not spending, money “Failure to make these repairs carries per- sonal liability which means the board mem- bers could, individually, be held accountable tion (including you and your 22% ownership interest) for indemnifi cation.” Persistent Roof Leak Q My co-op board and property management company have failed to correct a roof leak which fi lters I believe the failure to be the result of low- peaceful enjoyment of my apartment. What can I do? —All Wet C W OIN ASHER C . O Old Fashioned Service with Modern Laundry Room Technology •Proudly Serving the Chicagoland and Midwestern Area since 1958 •Multi-Family Housing Laundry Room Sales, Service, Leasing, and Rentals. •Laundry Room Lease and Rental Programs Custom Tailored to Your property’s needs and expectations •Coin/Smart Card/Credit Card/Payment App Activated Equipment •Laundry Service with Integrity and Reliability For the “Best Laundry Service in the Business” Call Coin Washer at (800) 338-COIN | Elmhurst, Illinois 60126 continued on page 14